SC modifies decision on DAP

Posted at Feb 03 2015 03:45 PM | Updated as of Feb 03 2015 11:45 PM

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MANILA, Philippines - The Supreme Court on Tuesday modified its earlier ruling on the government's controversial disbursement acceleration program, saying only 2 acts under the DAP are unconstitutional.

The SC affirmed its earlier ruling that it is unconstitutional to withdraw unobligated allotments from implementing agencies and declare the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year without complying with the definition of savings contained in the General Appropriations Act.

The High Court also affirmed that cross-border transfers of savings of the executive department to offices outside the executive are unconstitutional.

However, the SC granted a plea of the Palace and declared as legal the funding of projects, activities, programs that are not covered by appropriations in the General Appropriations Act.

The Court said projects under DAP prior to the SC ruling are legal under the "operative fact" doctrine.

It also said authors of the DAP may be held liable but not proponents and implementors.

ANC NEWS NOW, February 3, 2015